Posted by : ZeroRisk Cases Marketing
The Telephone Consumer Protection Act was passed in 1991 with a laudable goal: to prevent prerecorded calls to consumers who had not asked for or consented to receive them.
Unfortunately, the TCPA has become a magnet for serial litigators who are using it to amass huge amounts of money from unsuspecting law firms. Defending against these lawsuits can be costly, time-consuming, and disruptive to a business.
A serial litigator is an individual who has filed several lawsuits against a law firm or lead generator alleging violations of the Telephone Consumer Protection Act (TCPA). These individuals often appear pro-se, which means they represent themselves without the assistance of an attorney. They are known as repeat plaintiffs, and they typically sue law firms in federal courts across the country.
These individuals are a growing problem in the legal industry because they use aggressive tactics that violate federal court rules. They often have access to a large pool of data that they can use for their legal attacks.
They have been known to use various strategies with the goal of baiting lead generators into violating the TCPA and thereby bringing their claims to trial. Some of these methods include owning multiple cell phone numbers, using dynamic IP addresses, and providing false information when signing up on a website.
In addition to their vexatious nature, serial litigants also take up valuable time from judges and others awaiting a hearing or an appeal. This time is a critical resource that should be used wisely and efficiently, not wastefully.
This is especially true in the case of vexatious litigation, which is a significant burden for both defendants and their representatives who must deal with it. This is because it causes delays and hinders the justice system.
One example of a TCPA extortion claim comes from an individual who has filed over one hundred lawsuits for alleged TCPA violations in a variety of mass tort cases since 2014. She files her complaints pro se and tries to continue pursuing these cases until it is cheaper for the defendant to settle than pay legal fees.
The TCPA allows consumers to receive statutory damages for each text or call that is sent without their consent. This damage can be as much as $3,000 per violation.
It is important to understand how TCPA extortion works and how you can avoid being sued by a serial litigator. You can protect yourself by avoiding sending marketing messages to consumers that are on the National Do Not Call Registry. You can also take steps to ensure that your website is easy to navigate and clearly explains how you can opt out of marketing messages.
TCPA extortion claims against law firms are not new, but they have become increasingly common in recent years. Individuals can leverage the law to collect money from law firms, even when they’ve done everything right and are not in violation of the TCPA.
If a law firm wants to avoid a TCPA lawsuit, the best strategy is to be proactive and work with a client acquisition firm that has a strong compliance program.
If you are interested in learning about our ZeroRisk Compliance Program™, contact us at 833-937-6747.
Ed Lott, Ph.D., M.B.A.
President and Managing Partner
Call 833-ZERORISK (833-937-6747) ext 5
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